The legal status of military command in Ukraine

The article is devoted to the study of the legal status of military command in Ukraine. The legal status of military command reflects its place in the system of public authorities and the peculiarities of participation in legal relations of various branches. It is established that the activities of military command should be based on military legislation, which includes legal acts relating to: military service, ethics of military personnel, treatment of prisoners of war. It is noted that military law should become the vector direction of development in Ukraine, and the peculiarity of military command is that, on the one hand, these subjects must comply with the established special rules of military service, and on the other hand, establish and detail the conditions of military service. Attention is focused on the fact that the legal status of military command in the Constitution is not detailed, which provides for further regulation at the legislative level. The concepts of “military command” and “military management bodies” are distinguished as follows: the first indicates the management of direct military issues and ensuring their activities, and the second - the bodies authorized to regulate issues of military activity. It is determined that the military command system is a clearly structured hierarchy of subordination and interaction between different levels of military management and looks as follows: the Commander-in-Chief of the Armed Forces of Ukraine, the Commander of the Joint Forces of the Armed Forces of Ukraine, commanders of types and individual branches of troops (forces), commanders (chiefs) of military management bodies, commanders of formations, military units and other military formations formed in accordance with the laws of Ukraine. It has been established that the basis of the legal status of military command subjects during the period of the legal regime of martial law is: their rights and obligations as military officials, that is, military personnel holding positions related to the performance of organizational and managerial or administrative and economic duties, or who are specially authorized to perform such duties in accordance with the legislation; the exercise of direct military leadership or activities related to this; action based on the principle of unity of command; the performance of a special civil service.